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Rule 206.4(c) – Issuance of a Rule to Show Cause

May 14, 2021 | Civil Procedure, Pennsylvania

(1)Issuance.The issuance of a Rule to Show Cause for petitions governed by Rule 206.1, et seq., shall issue as a matter of course pursuant to Rule 206.6. Petitions governed by this Rule shall be filed along with:

(a) a cover sheet in the form set forth in Rule 205.2(b),
(b) a brief or memorandum of law, as set forth in Rule 210, and
(c) a proposed order in the following form:

See Form Proposed Order

The petition and proposed order shall be filed in the Prothonotary’s Office, and forwarded to the Court Administrator, who shall have the authority to sign the Rule to Show Cause Order.

If a petitioner requests a stay of execution pending disposition of a petition to open default judgment, or any other petition governed by this rule, the Court Administrator shall promptly refer the stay request to the Civil Equity/Emergency Judge for review and determination.

(2)Disposition. Forty-five (45) days from the filing of the petition, the matter shall be referred to a Judge for disposition. If discovery was requested by either party on their respective cover sheets, said discovery shall be concluded within forty-five (45) days from the filing of the petition. If oral argument was requested by either party on their respective cover sheets, the matter may be scheduled for argument. If discovery or oral argument were not requested by either party, the Judge may direct the scheduling of discovery or oral argument, or may decide the matter upon the filings. If the respondent did not file an answer to the petition within the timeframe outlined in the proposed order, the Court will consider the petition without an answer, and enter an appropriate order in accordance with Rule 206.7(a).
(3)Timely Filed Briefs.If the brief of either party is not timely filed, either in accordance with this Rule or by order of the Court, the assigned Judge may:

(a) Dismiss the petition where the moving party has failed to comply,
(b) Grant the requested relief where the respondent has failed to comply, except that no civil action or proceeding shall be dismissed for failure to comply. Nothing precludes the assigned Judge from dismissing the matter on its merits,
(c) List the matter for argument, at which time only the complying party shall be heard.

231 Pa. Code ยง 206.4(c)

Adopted by Pennsylvania Bulletin, Vol 45, No. 45. November 7, 2015, effective 1/1/2016
Amended by Pennsylvania Bulletin, Vol 45, No. 52. December 26, 2015, effective 12/26/2015